April 16, 2009 - $4 Million Settlement in Mishandled Birth Case

Eight years after a Canadian boy was born brain-damaged, a Vancouver, British Columbia, court has awarded his mother $4 million in damages.

The provincial Supreme Court ruled in favor of Monica Cojocaru, who sought the damages from the British Columbia Women's Hospital in Vancouver.

The court heard that the woman had once before had a child by caesarean section, but wanted to deliver her second child vaginally, The Province newspaper reported.

During a long weekend in May 2001 at the hospital, the woman's uterus ruptured, and the infant was deprived of oxygen for at least 30 minutes, the court heard.

The court said three doctors were guilty of negligence in not advising Cojocaru about the risks of vaginal birth after a caesarean delivery and also the risks of induced labor. A nurse was also found negligent in providing care, the report said.

The child suffers from a form of cerebral palsy and has many motor, physical and learning deficits, court heard.

Hospital staff members wouldn't comment on whether an appeal would be sought, the report said.